ZARDOZ

Merry Christmas to one and all out there! Hope that Santa brought each of you exactly what you wanted, and what you deserved.

LVNeptune, in most jurisdictions, even when you buy something "as is" it does not absolve the seller from having to reveal "known but undiscoverable defects" in the property being sold. In other words, selling "as is" cannot be used as a means of defrauding someone. If there is a known problem with the item, and a reasonable inspection by the buyer would not reveal the problem, the seller has a duty to disclose the problem and selling the property "as is" does not let the seller off the hook. In my case the Waverunner was sold with a guarantee/warranty, so I did not have to worry about "as is."

Before you get all fired up about the great benefits of small claims court, in my situation I have just learned that the guy I sued and have the judgment against may be filing for federal bankruptcy debt relief. He quit paying the mortgage on his house earlier this year and his lending agency has sued him in foreclosure. This makes me think that he sold me the Waverunner knowing that it wasn't running right in his plans to get as much $$$ as he could get before declaring bankruptcy. I have a friend who is a bankruptcy trustee and I'm going to see if I can make a claim against the seller for fraud in the bankruptcy court in order to preserve my judgment. At least at this time I have not received any notification that the seller has actually filed in bankruptcy court. There's a big difference between getting a judgment and collecting on the judgment. But if you don't get the judgment, you probably will never collect. Plus, for any consolation, it is public notice that the guy you sued is a no-good, dirty, rotten deadbeat.

I'm making plans for boating the next year, in making reservations for my family's Kelleys Island vacation in July. Perhaps this year, for the first year ever, we will have two jetskis that run all week long. In the meantime it's supposed to snow 5 - 7 inches here over the next couple of days.

My best wishes to you all for a wonderful Christmas Day and a successful and safe new year. Happy boating!

Z


former sea doo owner, will never own one again